Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co.

Summary judgment in favor of defendants after the court concluded that the insurance policies purchased by plaintiff from defendant do not cover claims made in a lawsuit filed against plaintiff, and that defendant has no duty to defend or indemnify, is vacated and the case remanded where: 1) Mississippi law resolved ambiguity in favor of the insured so that a Seed Merchants Endorsement enlarged the term "damages because of property damage" in the commercial general liability policy to cover "loss resulting from an error in mechanical mixture of seed;" 2) a Seedmen's Limitation to the umbrella policy can also be read to enlarge the terms of coverage to include loss arising out of error in mechanical mixture of seed; 3) a "property damage expected or intended" exclusion does not apply; 4) a "your product" exclusion does not apply because the damage was done to the farmer's crop land's use; and 5) a Seedmen's Modified Liability Coverage Endorsement does not apply since it limits recovery for losses resulting from the seed's failure to germinate.

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